In 2022-2023 (the most recent period supplied by AGAC), Queensland's Civil and Administrative Tribunal (QCAT) received a remarkable 5,385 applications for guardianship and administration orders, making it one of Australia’s busiest jurisdictions for such matters. Unpack the intricate world of guardianship law with an expert lineup including the Public Guardian itself. Explore essential topics such as advocacy strategies, the nuances of Adult Evidence Orders, conducting Appointment Reviews, and the processes involved in restoring capacity and moving beyond guardianship.

Presenters

Chris Herrald, Solicitor, Director, Extension Legal
Chris Herrald provides clients with practical advice based on knowledge gained from her years practising as a Wills & Estates lawyer. She advises her clients in relation to a broad range of estate matters, including estate planning (including wills and testamentary trusts), estate administration (including advising executors, administrators and beneficiaries), contentious and non-contentious estate litigation (including family provision applications, solemn form proceedings, interpretation or rectification of wills), guardianship and administration matters (including enduring powers of attorney, proceedings in the Queensland Civil and Administrative Tribunal and advice to attorneys, guardians and administrators in relation to the exercise of their powers). She is an active member of the legal community and currently serve on three committees – as Deputy Chair of the Queensland Law Society (QLS) Succession Law Committee, as a member of the QLS Elder Law Committee and as the Secretary for STEP Qld Committee.


Hon. Matt Foley, Barrister, Brisbane Chambers
Matt Foley was admitted to the Bar in 1983 and practises in the following areas: Family law and guardianship; Succession - family provision, wills and estates; Alternative dispute resolution (as a mediator); Appellate; Commercial; Inquests/inquiries. In 1995-96 and 1998-2001 Matt served as Attorney-General of Queensland and Arts Minister. He introduced Queensland's first legislation on de facto property rights for opposite and same sex couples and the Guardianship and Administration Act 2000 which enhanced access to justice for persons with a decision-making incapacity. Matt has appeared in a number of leading cases including Hoch v R (1988) 165 CLR 292 (similar fact evidence), Aldridge v Booth (1988) 80 ALR 1 (sexual harassment), Allen's Asphalt P/L v SPM Group P/L [2010] 1 Qd R 202 (caveat) and Thorne v Kennedy [2017] HCA 49 (marital financial agreements). Before becoming a barrister Matt was a social worker in family and child welfare and with the Aboriginal and Islander Legal Service. He was also a lecturer and Sub-Dean of the Social Work Faculty at Queensland University. He was President of the Queensland Council for Civil Liberties 1985-87 and Chair of the Queensland Writers Centre 2004-08. Matt is also an Adjunct Professor of Social Work at the University of Queensland, and is admitted as a barrister in New Zealand where he has appeared in the High Court and the Court of Appeal.


Tony La Spina, Principal Legal Officer, Public Guardian
Tony has had over 20 years’ experience as a lawyer in the private and public sectors specialising in wills and estates, commercial law, elder law and guardianship law. Tony’s public sector experience has seen him practicing as a lawyer for the Public Trustee of Queensland, Guardianship and Administration Tribunal, Queensland Civil and Administrative Tribunal, the Adult Guardian and currently, the Public Guardian. Tony is a Principal Legal Officer at the Office of the Public Guardian and his primary role is to provide legal advice and assistance to the Public Guardian and her delegates. This role is varied and includes matters such as: • providing legal advice about proceedings in courts and tribunals to which the Public Guardian is a party, drafting submissions and appearing on behalf of the Public Guardian; • providing legal advice about jurisdictional issues or statutory interpretation of legislative provisions that impact on the Office of the Public Guardian and its clients; and • assisting the Public Guardian when called upon as a witness in commissions of inquiry, such as the Disability Royal Commission.


Chelsea Baker, Senior Associate of Cornford-Scott Lawyers
Chelsea Baker is a Senior Associate in the Wills & Estates Team at Mullins Lawyers. Specialising in complex estate administration and litigation matters, her expertise extends to statutory will applications, complex grants of representation, corporate structures, superannuation, and trusts. Chelsea also acts in guardianship and administration matters before QCAT and has been successful in investigating breaches of duties by attorneys, declarations for capacity in circumstances where capacity is challenged, and the removal and appointment of administrators and guardians. In 2023, Chelsea was recognised as a Rising Star in the Doyle's Guide category of Wills, Estates & Succession Planning – Queensland and is an Affiliate Member of the Society of Trust and Estate Practitioners.